@jlh1182 | ||
Articles of the Treaty.. |
||
69
Replies
1094
Views
1 Favourites
|
Page #: 1/7 |
@jlh1182 | 12 June 19 | |
PART ONE COMMON PROVISIONS ARTICLE 1 Objective This Agreement sets out the arrangements for the withdrawal of the United Kingdom of Great Britain and Northern Ireland (United Kingdom) from the European Union (Union) and from the European Atomic Energy Community (Euratom). |
||
@jlh1182 | 12 June 19 | |
ARTICLE 2 Definitions For the purposes of this Agreement, the following definitions shall apply: (a) Union law means: (i) the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU) and the Treaty establishing the European Atomic Energy Community (Euratom Treaty), as amended or supplemented, as well as the Treaties of Accession and the Charter of Fundamental Rights of the European Union, together referred to as the Treaties; (ii) the general principles of the Union's law; (iii) the acts adopted by the institutions, bodies, offices or agencies of the Union; (iv) the international agreements to which the Union is party and the international agreements concluded by the Member States acting on behalf of the Union; |
||
@jlh1182 | 12 June 19 | |
(v) the agreements between Member States entered into in their capacity as Member States of the Union; (vi) acts of the Representatives of the Governments of the Member States meeting within the European Council or the Council of the European Union (Council); (vii) the declarations made in the context of intergovernmental conferences which adopted the Treaties; (b) Member States means the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden; (c) Union citizen means any person holding the nationality of a Member State; |
||
@jlh1182 | 12 June 19 | |
(d) United Kingdom national means a national of the United Kingdom, as defined in the New Declaration by the Government of the United Kingdom of Great Britain and Northern Ireland of 31 December 1982 on the definition of the term nationals 1 together with Declaration No 63 annexed to the Final Act of the intergovernmental conference which adopted the Treaty of Lisbon2 ; (e) transition period means the period provided in Article 126; (f) day means a calendar day, unless otherwise provided in this Agreement or in provisions of Union law made applicable by this Agreement . |
||
@jlh1182 | 12 June 19 | |
ARTICLE 3 Territorial scope 1. Unless otherwise provided in this Agreement or in Union law made applicable by this Agreement, any reference in this Agreement to the United Kingdom or its territory shall be (a) the United Kingdom; (b) Gibraltar, to the extent that Union law was applicable to it before the date of entry into force of this Agreement; (c) the Channel Islands and the Isle of Man, to the extent that Union law was applicable to them before the date of entry into force of this Agreement; |
||
@jlh1182 | 12 June 19 | |
(d) the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, to the extent necessary to ensure the implementation of the arrangements set out in the Protocol on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus annexed to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union; (e) the overseas countries and territories listed in Annex II to the TFEU having special relations with the United Kingdom1 , where the provisions of this Agreement relate to the special arrangements for the association of the overseas countries and territories with the Union |
||
@jlh1182 | 12 June 19 | |
2. Unless otherwise provided in this Agreement or in Union law made applicable by this Agreement, any reference in this Agreement to Member States, or their territory, shall be understood as covering the territories of the Member States to which the Treaties apply as provided in Article 355 TFEU. |
||
@jlh1182 | 12 June 19 | |
ARTICLE 4 Methods and principles relating to the effect, the implementation and the application of this Agreement 1. The provisions of this Agreement and the provisions of Union law made applicable by this Agreement shall produce in respect of and in the United Kingdom the same legal effects as those which they produce within the Union and its Member States. Accordingly, legal or natural persons shall in particular be able to rely directly on the provisions contained or referred to in this Agreement which meet the conditions for direct effect under Union law. |
||
@jlh1182 | 12 June 19 | |
2. The United Kingdom shall ensure compliance with paragraph 1, including as regards the required powers of its judicial and administrative authorities to disapply inconsistent or incompatible domestic provisions, through domestic primary legislation. |
||
@jlh1182 | 12 June 19 | |
3. The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall be interpreted and applied in accordance with the methods and general principles of Union law. 4. The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union handed down before the end of the transition period. 5. In the interpretation and application of this Agreement, the United Kingdom's judicial and administrative authorities shall have due regard to relevant case law of the Court of Justice of the European Union handed down after the end of the transition period. |
||